Alternative Claims to Misrepresentation

Question 1

If the court decides that a representation is a term, and it is false, this will give rise to an action for both….

Answer 1

breach of contract

+

potentially for misrepresentation

Question 2

If a representation is not deemed to be incorporated into the contract then…

Answer 2

will remain a representation + only option is to pursue an action for misrepresentation.

Question 3

where may the court might find that one party owes a duty of care to the other to take reasonable care that statements made are accurate?

Answer 3

When there’s a relationship of sufficient proximity between two parties

Question 4

To which point of the contract would this duty to take reasonable care extend to?

Answer 4

statements made during contractual negotiations - it could relate to any statements that caused the recipient of the statement loss.